NORDIC PROCUREMENT ENFORCEMENT
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31993L0037: w2-19.3

Specifications in variants

EU Law Community DK Law EU Cases DK Cases

EU Law

31993L0037 - Works (2nd generation) Article 19.3
Contracting authorities may not reject the submission of a variant on the sole grounds that it has been drawn up with technical specifications defined by reference to national standards transposing European standards, to European technical approvals or to common technical specifications referred to in Article 10 (2) or again by reference to national technical specifications referred to in Article 10 (5) (a) and (b).
31993L0036 - Goods (2nd generation) Article 16.1.3
Contracting authorities may not reject the submission of a variant of the sole grounds that it has been drawn up with technical specifications defined by reference to national standards transposing European standards, to European technical approvals or to common technical specifications referred to in Article 8 (2), or again by reference to national technical specifications to in Article 8 (5) (a) and (b).
31992L0050 - Services (2nd generation) Article 24.1.2
Contracting authorities may not reject the submission of a variant on the sole grounds that it has been drawn up with technical specifications defined by reference to national standards transposing European standards, to European technical approvals or to common technical specifications referred to in Article 14 (2) or even by reference to national technical specifications referred to in Article 14 (5) (a) and (b).
31993L0038 - Utilities (2nd generation) Article 34.4
4. Contracting entities may not reject the presentation of a variant on the sole ground that it was drawn up on the basis of technical specifications defined with reference to European specifications or to national technical specifications recognized as complying with the essential requirements within the meaning of Directive 89/106/EEC.
31971L0305 - Works (1st generation) Article 11.s1.p3 & 11.s2
.... the authorities awarding contracts may not reject a tender solely on the grounds that it has been drawn up using a method for pricing the works which differs form that used in the country where the contract is being awarded, provided that the tender accords with the terms and conditions of the contract documents. The tenderer must include with his tender all the evidence needed for examining the project and must supply any additional explanations which the authorities awarding contracts consider necessary.
31989L0440 - Fourth amendment of Works (1st generation) Article 1.16=W1-20a.3 & 1.11=W1-11.p3 + 11.s2
Contracting authorities may not reject the submission of a variant on the sole grounds that it has been drawn up with technical specifications defined by reference to national standards transposing European standards, to European technical approvals or to common technical specifications referred to in Article 10 (2) or again by reference to national technical specifications referred to in Article 10 (5) (a) and (b).

11. Article 11 is hereby repealed.
31977L0062 - Goods (1st generation) Article 8
Article 8
When projects are put up for competition or when invitations to tender permit tenderers to submit variations on a project of the administration, the contracting authorities may not reject a tender solely on the grounds that it has been drawn up by means of different technical calculations from those used in the country where the contract is being awarded, provided that the tender accords with the terms and conditions of the contract documents. Tenderers must include with their tenders all the evidence needed for examining the project and must supply any additional explanations which the contracting authorities consider necessary.
31990L0531 - Utilities (1st generation) Article 27.4
4. Contracting entities may not reject the presentation of a variant on the sole ground that it was drawn up on the basis of technical specifications defined with reference to European specifications or to national technical specifications recognized as complying with the essential requirements within the meaning of Directive 89/106/EEC.

EU Cases

Case PteRefText
C-243/8938W1-11.s1.p3
W1-11.s2
This is confirmed by Article 11 of the directive, which, whilst allowing a tenderer, where there is the option of submitting variations on a project of the administration, to use a method for pricing the works which differs from that used in the country where the contract is being awarded, nevertheless requires that the tender accord with the tender conditions.